HC admits plea against revocation of ban order

A Division Bench of the Kerala High Court on Thursday admitted a writ appeal against a single judge’s verdict revoking an order of the Food Safety Commissioner banning the manufacture, storage, selling and distribution of the Nirapara brand of chilly, turmeric and coriander powders.
The Bench comprising Chief Justice Ashok Bhushan and Justice A.M. Shaffique, while admitting the appeal by the State government, made it clear that it shall be open for the Food and Safety Commissioner to take samples of the products and initiate such other measures as permitted under the law.
Quashing the order of the Food Safety Commissioner, a single judge had observed that in the absence of any finding that the banned foods were unsafe for human consumption, prohibition effected was unwarranted and was done in excess of the jurisdiction vested with the Commissioner of Food Safety. The pre-requisite of exercise of the power under Section 30(2) (a) of the Food Safety and Standard Act was the satisfaction that the food article was unsafe for human consumption. The single judge had passed the verdict while allowing a writ petition filed by KKR Food Products, Kalady, manufacturer of the Nirapara brand of spices.
The appeal also pointed out that gluten which was present in the starch and added by the manufacturer was medically proved and accepted to be injurious to those who were allergic to it.